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File #: 25-238    Version: 1 Name:
Type: Bylaws for Adoption Status: Passed
File created: 6/19/2025 In control: Council
On agenda: 9/29/2025 Final action: 9/29/2025
Title: Official Community Plan Amendment and Rezoning Application – 1340 Sussex Street & 1337 Saunders Street, Staff Report No. DEV-25-032
Attachments: 1. Appendix A: Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw, 2025, No. 3157, 2. Appendix B: Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2025, No. 3158, 3. Appendix C: Section 219 Covenant CB2330071, 4. Appendix D: Section 219 Covenant CB2330067

TOWNSHIP OF ESQUIMALT STAFF REPORT

MEETING DATE:  September 29, 2025                     Report No. DEV-25-032

 

TO:                                            Council                                          

FROM:                                           Alex Tang, Planner and Bill Brown, Director of Development Services

SUBJECT:                      Official Community Plan Amendment and Rezoning Application - 1340 Sussex Street & 1337 Saunders Street

 

RECOMMENDATION:

 

Recommendation

That Council adopt Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw, 2025, No. 3157 and Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2025, No. 3158.

Body

 

EXECUTIVE SUMMARY:

 

The bylaws will amend the Official Community Plan Proposed Land Use Designation from the current designation of 'High Density Residential' to a new land use designation of 'Commercial/Commercial Mixed-Use - Tall' and change the zoning from RM-4 [Multiple Family Residential] to Comprehensive Development District No. 167 to accommodate a 21-storey, 335-unit, purpose built rental residential building including 240 m2 [2583 ft2] of commercial space.

 

 

BACKGROUND:

 

Amendment Bylaws No. 3157 and No. 3158 were given 1st and 2nd reading on May 26, 2025.  Subsequently, a Public Hearing was held on July 7, 2025.

 

Section 219 Covenant CB2330071 (Appendix C) has now been registered on title and addresses the following items:

                     Lot consolidation prior to development as the proposed CD No. 167 Zone does not work unless the parcels are consolidated

                     Provision of memberships for a shared vehicle service for all the residents

                     Provision of a shared vehicle

                     The building to be constructed to include and continue to include twenty-three 3-bedroom dwelling units

                     The building to be constructed to include and continue to include 380 m2 of indoor amenity space available without charge to all the residents

                     The building to be constructed to include and continue to include 240 m2 of commercial space

                     Contribution of $250,000 towards new traffic signals at the intersection of Esquimalt Road and Nelson Street

 

Section 219 Covenant CB2330067 (Appendix D) has now been registered on title and addresses the following items:

                     Privately owned publicly accessible open space with a minimum area of 1,718 m2 (Will also be secured through a Statutory Right of Way granted under Section 218 of the Land Title Act)

                     Maintenance of the publicly accessible open space in perpetuity

 

Staff confirms that the registered covenants adequately implement all of these items.

 

Chronology:

                     June 17, 2024 - Application received

                     October 9, 2024 - Design Review Committee

                     November 4, 2024 - Council authorizes the circulation of the Official Community Plan Amendment

                     November 19, 2024 - Advisory Planning Commission

                     May 26, 2025 - Council gives 1st and 2nd reading

                     July 7, 2025 - Council gives 3rd reading

 

ANALYSIS:

 

The registered Statutory Right of Way granted through S.218 of the Land Title Act will:

                     Facilitate uninterrupted access of the Township and the public

                     Allow the Township to hold events, special events and regulate and operate the public space as a Township park

                     Allow for the permission but not responsibility to enforce Township bylaws and policies in relation to public use, noise, public disturbances, animal control and other nuisances

                     Have normal operating hours of 7am to 10pm

 

As the landowner is responsible for all liabilities on the Statutory Right of Way, the landowner will obtain and maintain insurance coverage with a comprehensive general liability insurance providing for death, bodily harm, injury, and other losses in an amount not less than $5,000,000 per occurrence.

 

 

OPTIONS:

 

1. That Council adopt Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw, 2025, No. 3157 and Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2025, No. 3158.

 

2. That Council defeat Amendment Bylaws No. 3157 and No. 3158.

 

COUNCIL PRIORITY:

 

Housing

 

FINANCIAL IMPACT: 

 

There are no financial implications associated with this proposal.

 

COMMUNICATIONS/ENGAGEMENT: 

 

In accordance with post-Public Hearing considerations, no further communications or engagements have been provided to Council.

 

TIMELINES & NEXT STEPS:

 

                     The adoption of the amendment bylaws will complete the rezoning of the properties.

                     Subsequently, Council will see the development permit application.

 

REPORT REVIEWED BY:

 

1.                     Bill Brown, Director of Development Services, Reviewed

2.                     Deb Hopkins, Director of Corporate Services, Reviewed

3.                     Kristi Bilodeau, Acting Director of Finance, Reviewed

4.                     Dan Horan, Chief Administrative Officer, Concurrence

 

LIST OF ATTACHMENTS: 

 

1.                     Appendix A: Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw, 2025, No. 3157

2.                     Appendix B: Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2025, No. 3158

3.                     Appendix C: Section 219 Covenant CB2330071

4.                     Appendix D: Section 219 Covenant CB2330067